1 2025:CGHC:38245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4087 of 2025 1 - Brilliant Public School Society (An Educational Society Registered Under The Societies Registration Act, 1973 Having Its Registration No. As B.S. 2848), Seepat Road, Bahatarai, Bilaspur, C.G. Through Its Chairman Praveen Kumar Agrawal. 2 - Brilliant Public School Seepat Road, Bahatarai, Bilaspur C.G. Through Its Principal. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Director Public Instruction Directorate Of Public Instruction, Mantralaya, Indravati Bhawan, Block-3, 1st Floor, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 3 - District Education Officer Bilaspur, District : Bilaspur, Chhattisgarh ----Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Ashish Shrivastava, Sr. Avocate along with Rahul Ambast and Ashutosh Shrivastava, Advocates For Respondent-State : Mr. Satish Gupta, G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 04/08/2025 1. With the consent of the parties, matter is heard finally. 2. The present writ petition has been filed for the following relief(s);- Digitally signed by JYOTI JHA Date: 2025.08.06 10:51:40 +0530 2 (I) That this Hon’ble Court may kindly be pleased to call for the entire records concerning the case of the petitioner society from the possession of the respondents for its kind perusal (ii) That this Hon’ble Court may kindly be pleased to issue an appropriate writ quashing and setting aside the letter/memos dated 06.05.2025 (Annexure P/1) issued by the respondent No. 3 DFO Bilaspur by declaring the same to be arbitrary, illegal, unreasonable and inoperative in law so far as it relates with imposing condition No. 4 of the letter/memo dated 06.05.2025 for purchasing only NCERT text books and restriction on using the private publication text books and any other study material from the open market. (iii) That, this Hon'ble Court may kindly be pleased to issue an appropriate writ commanding the respondents not to impose unreasonable restrictions for purchasing private publication textbooks and other study material which are otherwise not supplied by the respondent State for Class 1 to Class 12. (iv) Any other relief, which this Hon’ble Court may deem fit and proper, may also be passed in favour of the petitioner. 3. Relevant facts for disposal of this writ petition are that the Petitioner No. 1, Brilliant Public School Society is an educational society registered under the Societies Registration Act, 1973 having its registration no. B.S. 2848 dated 08.05.2000 and running and managing 3 schools in the name of (1) Brilliant Public School Seepat Road Bahatarai, (2) Brilliant Public School - Mission Hospital Road Bilaspur and (3) Brilliant Public School - Vyapar Vihar Road District Bilaspur. The present petitioner is affiliated to Central Board of Secondary Education, New Delhi. The Petitioner No. 2 is a school under the Petitioner No. 1 society namely Brilliant Public School situated at Seepat Road, Bahatarai, District Bilaspur, Chhattisgarh. 3 4. Moreover, the Petitioner society by way of the instant writ petition, seeks to invoke extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India by challenging the legality and validity of impugned letters/memo dated 06.05.2025 (Annexure P-1) issued by the concerned respondent/District Education Officer (DEO), whereby the DEO Bilaspur has issued a general instructions/directions to all the Government Aided Schools and Unaided Non-governmental/private Schools to ensure use of only NCERT/SCERT publication books for Class 1st to Class-10th curriculum for the academic session 2025-2026 strictly failing which appropriate action with regard to de-recognition will be taken against such schools. Respondents/DEO also directed specifically to all the private unaided schools, which are affiliated to Central Board of Secondary Education (CBSE) to use only NCERT/SCERT publication books and not to use any private publication books. 5. Learned Senior Counsel appearing on behalf of the petitioner submits that earlier the petitioner society approached before this Court by way of writ petition (WPC No.2345/2022), wherein vide order dated 15.06.2022, this Court has passed the following order/direction as an interim measure "Meanwhile, if the petitioner approaches the respondents for the purpose of supply of books, he will give an undertaking. However, the respondents shall not initiate any coercive steps against the petitioner in the event if the petitioner-establishment go in for purchase of any books from the open market other than whose which are supplied by the Pathya Pustak Nigam". Learned 4 Senior Counsel further contended that aforesaid direction given by the respondent/DEO is arbitrary and illegal as per notification dated 12.08.2024 (Annexure P-7) issued by the CBSE, further petitioners are ready to follow the guidelines/directions issued by the CBSE as per notification dated 12.08.2024 (Annexure P-7). Hence, it is prayed that impugned letters/memos Annexure P-1 issued by the concerned respondent/DEO be set-aside. 6. Learned State Counsel opposes the submission of counsel for the petitioner and would submit that the private schools are trying to sell and purchase of books from the open market, however, he admitted the fact that aforesaid notification has been issued on 12.08.2024 by the CBSE as Annexure P-7. 7. Heard learned counsel for the parties and perused the material/document available on record including the impugned letters/memos Annexure P-1 & Notification Annexure P-7. 8. It is pertinent to mention here that petitioner’s School are affiliated from the CBSE and not affiliated from the Chhattisgarh Board of Education. 9. For ready reference, relevant portion of Notification dated 12.08.2024 (Annexure P-7) issued by the CBSE extracted below: “Classes 1 to VIII a) Schools are strongly advised to follow NCERT/SCERT textbooks Schools may use supplementary material as per their requirement which must be aligned with the NCF-FS 5 and NCF-SE. Such chosen supplementary material must aim to contain the essential core material (together with discussion, analysis, examples, and applications) Classes-IX to XII b) Schools shall mandatorily follow the NCERT textbooks prescribed in CBSE curriculum. For subjects in which NCERT/SCERT books are not available, CBSE books uploaded on the website must be followed. Schools can use supplementary material as per their requirement. Use of Digital Content can also be explored to augment the textbooks. The supplementary material and Digital Content used by the school must invariably be aligned with NCF-SE. c) Extreme care should be taken while using supplementary material, Digital Content as well as books of private publishers, if so used, so that there is no objectionable content that hurts the feeling of any class, community, gender or any religious group in society. 2.4.7.1 Schools shall put a list of prescribed books for all the classes on their website with the written declaration duly signed by the Manager and the Principal to the effect that they have gone through the contents of the books prescribed by the school and own the responsibility. If a school is found prescribing a book having any objectionable content, the responsibility for such content shall lie with the school and action will be initiated against the School by the Board” 10. It is pertinent to mention here that learned Senior Counsel appearing on behalf of the petitioner contended before this Court that petitioner- society shall follow the guidelines/directions issued by the CBSE as per notification dated 12.08.2024 (Annexure P-7). 6 11.For the foregoing discussions/observation, writ petition is allowed. Impugned letters/memos Annexure P-1 dated 06.05.2025 issued by the concerned respondent/DEO is hereby set-aside to the extent of imposing condition for purchasing of only NCERT/SCERT textbooks and restriction on using the private publication textbooks and any other study material from the open market. It is directed that petitioner-society/schools shall follow the guidelines/directions/rules notified by the CBSE vide notification dated 12.08.2024 (Annexure P-7). However, it is made clear that concerned respondents/competent authority will be at liberty to take steps/action against the petitioner- society/schools in accordance with relevant rules/law/regulation if they found any violation of the guidelines/directions of Notification dated 12.08.2024 (Annexure P-7) issued by the CBSE. 12. With the aforesaid direction, the writ petition is disposed of. Sd/- (Arvind Kumar Verma) Judge Jyoti